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This guide provides general information about car-accident law for people involved in collisions in Philadelphia, Pennsylvania. Pennsylvania handles car-accident claims under the state vehicle code and civil tort law. When a crash occurs, issues that commonly arise include fault and liability, insurance coverage, compensation for medical bills and lost wages, injury severity, police and accident reports, and the timing rules for filing a lawsuit. The procedures and outcomes often depend on the specific facts of each case, including who caused the crash, the types of insurance available, and whether the crash involves a government vehicle, a commercial vehicle, or a hit-and-run.
This information is educational and not a substitute for legal advice. If you have questions about a particular accident, consult a qualified attorney who handles car-accident cases in Philadelphia.
Not every crash requires an attorney. However, you should strongly consider hiring a lawyer when any of the following situations apply:
- Serious or catastrophic injuries, long-term disability, or permanent impairment that require future medical care and wage-loss calculations.
- Disputed fault where the other driver or their insurer denies responsibility or gives conflicting accounts.
- Significant property damage or total loss of a vehicle where disputes arise over valuation and repair costs.
- Uninsured or underinsured motorists, or when your own insurer refuses to provide adequate uninsured motorist or medical benefits.
- Hit-and-run incidents where identification of the at-fault driver is unclear or police investigation is incomplete.
- Complex liability such as multi-vehicle pileups, commercial vehicles, rideshare drivers, or accidents involving buses, taxis, or delivery trucks.
- Claims against a government entity. Suits against city, county, or state agencies often require special notice and strict deadlines that an attorney can help meet.
- Settlement offers that seem low relative to injuries and future needs. An attorney can evaluate offers, negotiate with insurers, and calculate fair compensation for non-economic damages like pain and suffering.
- If you want to preserve legal options, including filing suit before the statute of limitations expires.
Key local and Pennsylvania state rules that affect car-accident claims in Philadelphia include:
- Fault and comparative negligence - Pennsylvania applies modified comparative negligence with a 51 percent bar. This means you can recover damages if you are 50 percent or less at fault, but your recovery is reduced by your percentage of fault. If you are 51 percent or more at fault, you are barred from recovery.
- Insurance minimums - Pennsylvania requires drivers to maintain minimum liability insurance. Insurers must also offer uninsured and underinsured motorist coverage. Policy limits and coverage choices can greatly affect the available recovery.
- Duty to stop and render aid - Drivers involved in crashes that cause injury, death, or significant property damage must stop, identify themselves, and render reasonable assistance. Hit-and-run is a criminal offense.
- Traffic and distracted driving rules - Pennsylvania bars texting while driving for all drivers and has restrictions on cell phone use for novice drivers. Evidence of texting or distracted driving at the time of the crash can affect fault allocation and liability.
- Police and accident reports - The police may prepare a crash report that documents the scene, parties involved, and any observed violations. These reports are useful but are not conclusive proof of liability in civil court.
- Statute of limitations - For most personal injury and property-damage claims arising from a vehicle collision, Pennsylvania generally requires lawsuits to be filed within two years from the date of the accident. Special rules and exceptions can modify this deadline, so timely legal review is important.
- Suits against government entities - If a crash involves a government vehicle or municipal roadway defect, different notice requirements and shorter deadlines may apply before you can file suit. Missing those notice rules can bar claims.
- Medical liens and subrogation - Health insurers, workers compensation carriers, and Medicare or Medicaid may have rights to recover certain payments from any settlement or judgment. Properly handling liens is crucial to ensure net compensation is not unexpectedly reduced.
First, check for injuries and call 911 if anyone is hurt. Move to a safe location if possible, but do not leave the scene. Call the police so there is an official report. Exchange contact, insurance, and vehicle information with the other driver. Take photos of the scene, vehicle damage, license plates, and any visible injuries. Get witness names and contact information. Seek medical attention even if you feel fine, because some injuries appear later. Notify your insurer promptly and keep records of all medical care and expenses.
Fault is determined by examining evidence such as police reports, vehicle damage, skid marks, traffic camera or surveillance footage, witness statements, medical records, and sometimes expert analysis. Pennsylvania applies modified comparative negligence. If you are partly at fault, your recovery is reduced by your percentage of fault. If you are 51 percent or more at fault, you will be barred from recovering damages.
In most personal injury and property-damage cases in Pennsylvania, the statute of limitations is two years from the date of the accident. Some situations, such as claims against government entities or minors, involve different deadlines or notice requirements. Consult an attorney quickly to preserve your rights.
Damages in a car-accident case typically include medical expenses, future medical care, lost wages, loss of earning capacity, property-damage costs, and non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. In rare cases involving reckless behavior, punitive damages may be available to punish the wrongdoer.
If the at-fault driver is uninsured or underinsured, you may be able to make a claim under your uninsured/underinsured motorist coverage, if you have it. You can also pursue other responsible parties if appropriate, such as an employer of a negligent driver or a vehicle owner. An attorney can help identify coverage sources and evaluate all legal options.
You should be cautious about giving recorded statements to the other party’s insurer. Insurers often seek recorded statements to use against claimants. It is usually safer to provide factual, non-speculative answers in writing about basic claim information, and consult an attorney before giving a recorded statement or answering detailed questions about injuries and treatment.
Most car-accident attorneys in Philadelphia work on a contingency-fee basis, meaning the lawyer is paid a percentage of the recovery if you obtain a settlement or judgment. If there is no recovery, you generally do not pay attorney fees, although you may be responsible for certain case expenses. Fee percentages and expense arrangements vary, so ask about the fee agreement and any out-of-pocket costs during an initial consultation.
Early settlement offers are often low and intended to quickly close claims for less than fair value. Before accepting any offer, consider total past and future medical costs, lost wages, ongoing treatment, and non-economic losses. Consult an attorney to evaluate offers and negotiate for appropriate compensation, especially if injuries are significant or require future care.
Claims against a municipality or the city of Philadelphia have special notice requirements and may be subject to shorter deadlines. You often must provide the city with written notice of the claim within a certain period before filing suit. Because procedural rules can be strict and failure to comply can bar your claim, contact an attorney promptly if a government actor or roadway condition may be responsible.
Resolution time varies widely. Simple claims with minor injuries may settle in a few weeks or months. Complex cases with serious injuries, disputed liability, or multiple insurers can take many months to several years, especially if litigation and trial become necessary. Your attorney can provide a realistic timeline based on the specifics of your case and the anticipated medical recovery period.
For help, information, or to report concerns, consider these organizations and agencies:
- Pennsylvania Department of Transportation - PennDOT
- Pennsylvania Insurance Department
- Philadelphia Police Department
- Philadelphia Court of Common Pleas
- Pennsylvania Bar Association
- Philadelphia Bar Association
- Pennsylvania Association for Justice or local trial lawyer groups
- Community Legal Services of Philadelphia
- Philadelphia Legal Assistance
- Local university law clinics offering free or reduced-fee help
- National Highway Traffic Safety Administration and national consumer safety groups for general safety data and resources
If you need legal assistance after a car accident in Philadelphia, follow these steps to protect your rights and maximize your chances of fair compensation:
- Seek medical care immediately and follow prescribed treatment. Keep all medical records and bills.
- Preserve evidence: photos, videos, witness contact details, vehicle damage estimates, and repair records. Obtain a copy of the police crash report.
- Notify your insurance company promptly, but avoid giving detailed recorded statements without legal advice.
- Document financial losses: lost wages, receipts for expenses related to the crash, rental car costs, and other out-of-pocket expenses.
- Do not accept a settlement offer without evaluating all current and future medical needs. Ask for a written offer and consult an attorney before signing anything that releases claims.
- Contact an experienced Philadelphia car-accident attorney for a consultation. Bring all documents: medical records, bills, correspondence with insurers, the police report, photos, and witness information. Ask about contingency fees, likely timelines, and how the attorney handles medical liens and subrogation.
- If government involvement is possible, contact an attorney right away to preserve notice rights and deadlines.
- Keep a daily log of recovery, pain levels, doctor visits, and how the injury affects daily activities. This helps document non-economic losses and supports your claim.
Getting legal advice early can prevent mistakes that harm a claim, such as missing deadlines, giving damaging statements, or accepting inadequate settlements. A local attorney can provide a case-specific assessment and guide you through negotiation, settlement, or litigation as needed.
